This Agreement was last updated on 10/25/17.
THE CONTENT ON THIS SITE DOES NOT CONSTITUTE MEDICAL ADVICE. YOU SHOULD ALWAYS CONSULT A LICENSED THERAPIST OR MEDICAL DOCTOR FOR TRAUMA THERAPY OR OTHER PHYSICAL OR PSYCHOLOGICAL ISSUES. IF YOU EVER FEEL DISCOMFORT OR PAIN BASED ON YOUR USE OF THIS SITE, YOU SHOULD NOT CONTINUE AND CONTACT YOUR THERAPIST OR DOCTOR IMMEDIATELY.
Many of the sections of this Agreement offer “Summaries” at the beginning, which are meant merely to explain the “legalese” in the Agreement and are not meant to offer additional or different terms.
1.Scope of Agreement
Scope of AgreementThese Terms and Conditions of Use (otherwise known as the “Agreement”) (“You”), and and ITR Training Institute, LLC (collectively “ITR”).
When You use this Site, including any videos or other content You access that has been produced either by ITR or its licensors, these are the terms that will govern Your use. ITR may change the terms of this Agreement from time to time if needed, but will post a notice of such changes so that You know what they are.
This Site is not intended for use by anyone under 13 years of age.
Some of the products and services offered on this Site are intended only for therapists who treat trauma. ITR reserves the right to refuse to provide these products and services offered through the Site to anyone who does not hold at least a master’s degree and a license to practice in mental health counseling, clinical psychology, or a similar field (“Permitted Fields”). ITR reserves the right to request proof of such a degree and licensure prior to providing any services or allowing You to make certain purchases through the Site.
2.Use and Protection of Account
- ITR may assign or allow You to create a password and account ID for use of the Site. It is up to You to keep your account ID and password private, and ITR is not responsible for any unauthorized use of Your account. You should promptly notify ITR of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security.
- ITR reserves the right to cancel Your account if You use the Site in violation of the terms of this Agreement.
3.Content on the Site
- The content on this Site, or any part of it, may change at any time.
SUMMARY: You may use this Site for Your professional use in the Permitted Fields. ITR gives you the right to use the Site for those purposes, and you give ITR the right to use any Submissions you post to the Site, but ITR does not give You ownership of any of the Content and You do not give ITR ownership of any of Your Submissions. You promise that Your Submissions are original to You and are owned by You.
(1) ITR grants You a limited, revocable, non-exclusive and non-transferable license, to access and use this Site only for displaying this Site on Your Internet browser, and to use the Content on this Site in private or group therapy sessions, but not for any public display or public distribution.
(2) To the extent that ITR grants You the right to upload your own Content, comments or testimonials (“Submissions”) to the Site:
You warrant and represent that you own or have the right to license the rights granted above; and that the Submissions (i) do not violate or infringe the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, privacy rights, publicity rights, and other proprietary rights; (ii) are not libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; and (iii) do not include bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
No Representations as to Content.
SUMMARY: ITR can not make any promises about the accuracy, efficacy or currency of the Content, whether produced by ITR or by third parties.
To the extent that ITR grants You the right to download, view, or stream Content from the Site:
ITR makes reasonable efforts to ensure that the Content it produces and makes available on the Site is accurate and timely. ITR MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU ABOUT THE ACCURACY, TIMELINESS, OR EFFECTIVENESS OF THE CONTENT IT PRODUCES, OR OF ANY OF THE CONTENT PRODUCED BY THIRD PARTIES.
The Content produced or made available by third parties (“Third Party Content”) made available on the Site is the property of those third parties or their licensors and not of ITR. ITR’s provision of the Third Party Content is in no way an endorsement or sponsorship of the Third Party Content or its producer. You are solely responsible for evaluating all such third party information in determining whether to view the Content. ITR does not guarantee the availability of any Content.
4.Availability and Use of Site
The availability of this Site depends on many factors, including some factors that are beyond ITR’s control, such as Your connection to the Internet and the Internet backbone. ITR shall not be liable to You if You cannot use this Site due to any reason. You are responsible for making sure your computer or mobile device has the right software to allow you to access and use the Site.
5.Notice of and Procedure for Copyright Infringement
SUMMARY: ITR is required to include this Section in order to protect itself from liability for copyright infringement. If You feel that Your copyrights have been infringed on the Site, please follow the procedure below.
(a) ITR respects other’s intellectual property and proprietary rights. In accordance with the Digital Millennium Copyright Act, ITR has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send ITR’s Designated Agent a notice containing the following elements:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
- A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that ITR can locate the material;
- Your address, telephone number and email address;
- A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law;
- A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
(b) Send the notice containing the above information to the following Designated Agent:
Name of Designated Agent: Help for Trauma, LLC/IP Counsel – DMCA Notification
Mailing Address: Aaron & Sanders PLLC 605 Berry Road Nashville TN 37204
Telephone number: 615-734-1122
E-mail Address: email@example.com
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING ITR OR ITS COUNSEL THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO ITR’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
7.Links to Other Internet Sites
SUMMARY: ITR is not responsible for the content on any websites to which the Site has links, and ITR does not endorse any of those websites merely by providing links.
This Site may contain links to Internet sites owned, operated or maintained by third parties not under ITR’s control. These links are provided for Your convenience of reference only. Such links are not representative of ITR’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
8.Governing Law and Jurisdiction; Limit on Commencing Actions
(a) This Agreement is governed by the laws of the State of West Virginia, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in the Northern District of West Virginia, U.S.A. in all disputes arising out of or relating to the use of this Site.
(b) You must commence any cause of action or claim against ITR within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, that are not available outside of the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.
10.Warranty Disclaimer; Limitation of Liability
SUMMARY: ITR offers this Site “as is.” ITR is not liable to You for any damages except direct, provable damages, and not for more than what You have paid ITR in the month before the damage occurred.
(a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ITR DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. ITR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ITR, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF ITR HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITR’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ITR FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO ITR’S LIABILITY.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to firstname.lastname@example.org
12.Reservation of Rights
Any rights not granted to You in this Agreement are reserved by ITR. Any rights not granted to ITR by You in this Agreement are reserved by You.
SUMMARY: You agree to cover ITR’s costs for any damage caused by You, including any damage to a third party.
You agree to indemnify, defend and hold harmless ITR, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this Site, including without limitation claims arising out of information or materials submitted to this Site by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. ITR reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with ITR in the defense of such claims.
14.Relationship of Parties
No joint venture, partnership, employment, or agency relationship is created between You and ITR as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of ITR and ITR shall not be liable for any representation, act or omission by You to the contrary.